Rajesh Kumar Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.7042 of 2017 (2) dt.09-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7042 of 2017 Arising Out of PS.Case No. -442 Year- 2016 Thana -PURNEA SADAR District- PURNIA ====================================================== Rajesh Kumar Mahto, S/o Pradeep Mahto, resident of Village- Hasda, P.S.- Sadar, District- Purnea.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sadar P.S. Case No. 442 of 2016, registered under Sections 272 and 273 of the Indian Penal Code and Section 30 of the Bihar Prohibition of Liquor and Production Act, 2016.

The accusation is that, in course of checking of vehicles, One Tata Pickup Van was searched, from which, 122 bottles of Indian made foreign liquor recovered, in which, petitioner was found sitting and one Md. Monu was also found on the driving seat. The said Tata Pickup Van was being escorted by Rohit Kumar, boarding on motorcycle.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.7042 of 2017 (2) dt.09-03-2017 petitioner is simply labourer, who took lift from the driver of said Tata Pickup Van and in that course searched was made. It is further submitted that petitioner has no criminal antecedent and is in custody since 16.11.2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Sadar P.S. Case No. 442 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T